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NeCede's

Maxim 5.7.28

The right of testaments belongs to the ordinary.

Source: C.L.M.; Weisman, 103t Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Jurisdiction over the probate and administration of wills belongs to the ordinary (the ecclesiastical or probate court) — this maxim establishes that testamentary matters are heard in a specialized forum with original jurisdiction, and no other court may usurp that authority absent express constitutional provision.

Where this applies

  • A family disputes a will, and the case must be heard in the probate court, not the general civil court, because testamentary matters belong to the ordinary.
  • A creditor tries to contest a will in a regular trial court, but the judge transfers the case to probate court because that is where jurisdiction over testaments lies.
  • An heir challenges the validity of a will, and the dispute is heard by the probate judge because the right of testaments belongs to the specialized court with original jurisdiction.

Legal domains

Cite this maxim

NeCede Max. 5.7.28 — The right of testaments belongs to the ordinary. — C.L.M.; Weisman, 103t

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